2019 GOLD'S GYM CHALLENGE | OFFICIAL RULES
1. Sponsor: The 2019 Gold’s Gym Challenge (the “Challenge”) is sponsored by Gold’s Holding Corp. (“Gold’s Gym” or “Sponsor”), 4001 Maple Ave, Suite 200, Dallas, TX 75219. All federal, state, and local laws apply. VOID WHERE PROHIBITED BY LAW.
IT IS RECOMMENDED, AS WITH ANY WEIGHT LOSS OR FITNESS PROGRAM, THAT YOU CONSULT A PHYSICIAN BEFORE PARTICIPATING.
2. How to Enter: There are two parts to this contest (i) a local contest conducted at your local participating Gold’s Gym (“Local Contest”) and; (ii) a national contest conducted by Sponsor from eligible Local Contest winners (“National Contest”). Local Contests are conducted by Sponsor or an affiliate of Sponsor, or by an independent franchise entity (“Franchisee”) if the local Gold’s Gym (“Local Gym”) is a franchisee of Sponsor’s affiliate Gold’s Gym Franchising LLC. To enter a Local Contest, beginning January 1, 2019 (or later depending on the date set by a local participating Gold’s Gym Franchisee), visit your participating Local Gym to complete an official entry form, pay the entry fee (if applicable and unless prohibited by law), and have your “Before” photos and measurements taken.
Not all Gold’s Gym locations participate in the Challenge. Participating Local Gyms will post their individual 12-week Local Promotion Period (defined below). At the end of the Local Promotion Period, return to your Local Gym to have your “After” photos and measurements taken. Participating Franchisees set terms and conditions for, and have the option of creating their own requirements for, entry into and participation in a Local Contest, which may or may not include an essay submission. Participating Franchisees may also combine more than one Local Gym for a Local Contest. Check with your Local Gym to see if it is a participating gym and for the terms and conditions of entry and participation in the Local Contest.
In order to be eligible for the National Contest, you must participate in a Local Contest. Limit one Local Contest entry per person. Subject to these Official Rules, all Local Category Winners (defined below) in each Local Contest will automatically be eligible to participate in the National Contest. If you are selected as a Local Category Winner, to be eligible for the National Contest, you must submit to your participating Local Gym an essay that is no less than 100 words describing your transformation story which should include why/how you were motivated/inspired to take the Gold’s Gym Challenge (“Essay”). The Essay must be provided to your participating Local Gym prior to the Local Gym’s deadline to submit Entries from the Local Contest. The Essay, the percentage of overall body weight loss, inches lost and “Before” and “After” pictures taken by the Local Gym for each individual Local Category Winner in each Local Contest will each be deemed an “Entry” for the National Contest. Franchisees are solely responsible for submitting Entries from their Local Contests. Entries become the property of Sponsor, and will not be acknowledged or returned.
3. Alternate Method of Entry: If you are a member of Gold’s Gym that is a resident of or is participating in a Local Contest in Arizona, Colorado, Maryland, Nebraska, New Jersey, North Dakota, or Tennessee, you may enter the Local Contest without any payment or purchase by complying with all other Local Contest entry requirements.
4. Local Promotion Period: The Local Contests each run for 12 weeks between January 1, 2019 and April 30, 2019 as determined by the Local Gym (“Local Promotion Period”).
5. Eligibility: You must be a legal resident of the 50 United States (including the District of Columbia), and 18 years or older at time of entry to be eligible to enter or win. To enter or win, at the time of entry (and winning if applicable) you must be a current member of Gold’s Gym with a membership that is in good standing and a liability waiver on file. Employees of Gold’s Gym and Franchisees and any advertising agencies, or promotional suppliers or persons involved in any part of the administration and execution of the Challenge and immediate family members (spouses and parents, children and siblings regardless of where they live) or members of the same households (whether related or not) of any such employees are not eligible to enter or win. Previous winners of National Prizes in the Challenge are not eligible to win for a minimum of 5 years.
6. Categories of Competition: Entrants for the Local Contest will compete in one of the following age categories: Females: 18-29; 30-39; 40-49; 50-59 and 60+ and Males: 18-29; 30-39; 40-49; 50-59 and 60+ (the “Age Category(ies)”). Age of entrant is determined by the entrant’s age on the date of the “Before” pictures and measurements.
7. Judging: Local Gyms, as determined in their sole discretion, are responsible for submitting the Entries for the 10 Local Category Winners from their Local Contests. Upon submission of a completed Entry package for a Local Category Winner by the Local Gym, the Local Category Winner will be eligible for the National Contest.
Local Contest Judging – Rounds 1 and 2 of the Challenge
Local Judging: There will be 2 Rounds of judging in the Local Contest:
Round 1 (Local Level): All local entrants will be judged by a panel of judges selected by the Sponsor, or the Franchisee if a franchised gym. The panel of judges evaluates the “Before” and “After” photos of each entrant based on visible transformation (muscle tone, visible weight loss and visual fitness). Those entries deemed to have a “visible transformation” are sent into Round 2 of Local Contest Judging.
Round 2 (Local Level): Entrants progressing from Round 1 of Local Contest Judging are evaluated based on their “Before” and “After” measurements: total pounds lost, overall percentage of body weight lost, and inches lost (or added). Essays may also be part of round two of the local judging process. One top female and male local entrant from each Age Category will be declared a Local Category Winner (a total of up to 10 Local Category Winners from each Local Contest) and sent on to National Judging (Rounds 3-6) upon submission of complete Entry packages.
National Judging – Rounds 3 through 6 of the Challenge
National Judging: There are 4 Rounds of Judging in the National Contest:
Round 3 (National Level): The Local Category Winners progressing from Round 2 (Local Level) will be submitted for National Judging by a panel of five judges selected by the Sponsor. The panel evaluates “Before” and “After” photos of entrants based on visible transformation (muscle tone, visible weight loss and visual fitness). Those entries deemed to have a “visible transformation” are sent into Round 4 of National Judging.
Round 4 (National Level): Entrants in Round 4 of judging are ranked based on their “Before” and “After” measurements: total pounds lost, overall percentage of body weight lost, and inches lost (or added). The top 15 male and 15 female entrants (the “Top Fifteen Entrants”) from each Age Category (a total of up to 150 entrants) will be selected to move on to Round 5.
Round 5 (National Level): The Top Fifteen Entrants from Round 4 will be judged side by side (in their appropriate sex and Age Category) based upon their individual overall percentage of body weight lost (15%); overall inches lost (15%); visual fitness as evidenced in their “Before” and “After” pictures (40%); and Essay (30%). The Essay will be judged based upon the following criteria: Sincerity (33%); Ability to Inspire (34%); and Passion (33%). The male and female entrants in each Age Category will be ranked from first place to fifteenth place. The top scoring female and male contestant in each Age Category will become National First Place Winners (for a total of 5 female and 5 male National First Place Winners); the second place contestants will become National Second Place Winners and the third place contestants will become National Third Place Winners. In the event of a tie, the tying contestants will be re-judged based upon visual fitness, as evidenced in their “Before” and “After” pictures. In the event of a second tie, the tying contestants will be re-judged based upon their Essays. Each of the National First Place Winners moves on to Round 6 of National Judging.
Round 6 (National Level): One overall female winner (“Overall Female Winner”) and one overall male winner (“Overall Male Winner”) will be selected from the top five female and male (respectively) National First Place Winners from Round 5. To determine the Overall Female Winner, the female National First Place Winners from Round 5 will be evaluated side by side and ranked based on their individual overall percentage of body weight lost (15%); overall inches lost (15%); visual fitness as evidenced in their “Before” and “After” pictures (40%); and Essay (30%). To determine the Overall Male Winner, the male National First Place Winners from Round 5 will be evaluated side by side and ranked based on their individual overall percentage of body weight lost (15%); overall inches lost (15%); visual fitness as evidenced in their “Before” and “After” pictures (40%); and Essay (30%).
Odds of winning a prize depend on the number of eligible Entries received that meet the judging criteria.
Local Contest Prizes. Prizes awarded to Local Contest winners in each Age Category will vary by gym. Not all gyms will have prizes for Local Contest winners. Check with your Local Gym.
National Contest Prizes. A total of 30 prize winners will be selected from the National Contest. The 10 National First Place Winners will each receive US$6,500. The 10 National Second Place Winners will each receive US$2,500. The 10 National Third Place Winners will each receive US$1,000.
All federal, state, and local taxes and duties are the sole responsibility of the winners. Franchisees are solely responsible for filing any IRS forms for the value of any Local Contest prizes awarded in a Local Contest run by a Franchisee. Sponsor will file an IRS Form 1099 in the name of any winners for the value of the prize awarded in the National Contest.
9. Winner Notification: All winners of the National Contest will be determined on or about May 31, 2019 and will be notified by phone, email or mail before June 10, 2019 and will be required to complete and execute an affidavit of eligibility and release including Social Security/Social Insurance number (“Affidavit”) in order to receive his or her prize. If any National Contest winner fails to return the properly signed affidavit and releases or other prize documentation within 7 calendar days from notification, chooses to decline a prize for any reason, or fails to comply with any other requirements, the prize will be forfeited and awarded to the runner-up. Noncompliance with these Rules, return of any prize/prize notification as undeliverable, or inability of Sponsor to contact a winner will result in disqualification and the runner-up will be notified.
10. Essay License: By participating each contestant represents and warrants that his/her Essay is original, truthful and does not infringe any third party rights and (except where prohibited) grants Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, digitize, otherwise use, and permit others to use and exhibit throughout the world his/her Entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and Sponsor’s goods or all without further consent from or payment to you or any other third parties.
11. Conditions and Release of Liability: In case of dispute as to the winner(s) of a Local Contest, Sponsor reserves the right to disqualify all Entries submitted from the Local Contest or the disputed winner(s) of the Local Contest, in Sponsor’s sole discretion. Sponsor reserves the right to disqualify any entrant or Entry for false or deceptive acts. In case of dispute as to the composition of any Local Contest, Sponsor reserves the right to disqualify the entire Local Contest or an individual member of that Local Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the National Contest should (in its sole discretion) a dispute as to the winner(s) exist, or in the event of fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Challenge. In such case, Sponsor may, at its discretion, select the winner(s) from all eligible Entries received unaffected by the problem. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Challenge.
Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, lost or postage due mail, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Challenge. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Challenge if it cannot be completed as planned due to computer viruses, bugs, tampering, unauthorized intervention, technical failures, typographical or production errors in these Official Rules or other advertising for the Challenge, or other conditions beyond Sponsor’s control. In such case, Sponsor may, at its discretion, select the winner(s) from all eligible Entries received unaffected by the problem. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Challenge or who does not comply with these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM THE PERPETRATOR TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability, Choice of Law, and Waiver of Class Action Claims: Any and all legal actions or claims arising in connection with this National Contest, the Challenge, or these Official Rules (“Claim”) will be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules. Any and all disputes, claims, and causes of action arising out of or in connection with this National Contest or the Challenge, shall be resolved individually, without resort to any form of class action. Entrants waive, release, and hold harmless Gold’s Holding Corp. and its parents and affiliates and their directors, shareholders, employees, representatives, agents and assignees from any liability whatsoever with respect to the Local Contests of Franchisees, including but not limited to an Franchisee’s failure to comply with applicable laws in running the Local Contests, or any failure to advise of the full terms and conditions of entry and participation or failure to submit winners to the National Contest. ENTRANTS WILL NOT HAVE THE RIGHT AND EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS MEMBERS OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CHALLENGE. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S/LEGAL FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH AN EVENT, THE ABOVE WAIVERS MAY NOT APPLY TO YOU.
14. List of Winners: For the names of the winners, available after June 10, 2019, send a self-addressed, stamped envelope to The 2019 Gold’s Gym Challenge 4001 Maple Ave, Ste. 200, Dallas, TX 75219. Requests must be received by June 30, 2019.